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STATE v. TONEY

No. S-92-271.

498 N.W.2d 544 (1993)

243 Neb. 237

STATE of Nebraska, Appellee, v. William H. TONEY, Appellant.

Supreme Court of Nebraska.

April 9, 1993.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Thomas C. Riley, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.

SHANAHAN, Justice.

William H. Toney appeals from his convictions of second degree murder in the death of Darrin Sherrod and use of a firearm to commit that murder. Crucial to Toney's conviction in his trial by jury in the district court for Douglas County was resolution of contradictory eyewitness testimony concerning the shooting which resulted in Sherrod's death.

I. MOTION IN LIMINE

Before trial, when Toney notified the State that he intended to...

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